Luna Aura LLC v. 3LAU Entertainment LLC et al

Filing 9

ORDER: IT IS HEREBY ORDERED that by no later than Monday, November 28, 2022, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED.( Amended Pleadings due by 11/28/2022.) (Signed by Judge Valerie E. Caproni on 11/21/2022) (vfr)

Case 1:22-cv-09598-VEC Document 9 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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LUNA AURA LLC f/s/o ANGELA ANNE
:
FLORES p/k/a “LUNA AURA”,
:
:
Plaintiff,
:
:
-against:
:
3LAU ENTERTAINMENT, LLC,
:
BLUME LLC and JUSTIN BLAU,
:
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/21/2022

22-CV-9598 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on November 9, 2022, Plaintiff, Luna Aura LLC, filed a Complaint against
Defendants 3LAU Entertainment, LLC and Blume LLC (collectively, the “LLC Defendants”),
and Justin Blau, Compl., Dkt. 1;
WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is
premised on diversity, id. ¶ 11;
WHEREAS “a limited liability company has the citizenship of its members,” see JeanLouis v. Carrington Mortg. Servs., LLC, 849 F. App’x 296, 298 (2d Cir. 2021);
WHEREAS a complaint premised upon diversity of citizenship must allege the
citizenship of natural persons who are members of an LLC and the place of incorporation and
principal place of business of any corporate entities that are members of the LLC (including the
citizenship of any members of the LLC that are themselves LLCs), see Handelsman v. Bedford
Vill. Assocs. L.P., 213 F.3d 48, 51–52 (2d Cir. 2000); see also, e.g., In re Bank of Am. Corp.
Sec., Derivatives, and ERISA Litig., 757 F. Supp. 2d 260, 334 n.17 (S.D.N.Y. 2010);

Case 1:22-cv-09598-VEC Document 9 Filed 11/21/22 Page 2 of 2

WHEREAS the Complaint alleges that Plaintiff is an Arizona limited liability company
with a principal place of business in Arizona but does not allege the citizenship of any
member(s) of the LLC, see Compl. ¶ 6;
WHEREAS the Complaint alleges that the LLC Defendants are Nevada limited liability
corporations with their domiciles and principal places of business in Nevada, see id. ¶¶ 7–8; and
WHEREAS the Complaint alleges that Defendant Justin Blau is the “principal officer”
who “solely controls and manages” the LLC Defendants but does not allege that Justin Blau is
the sole member of each of the LLC Defendants, nor does it allege the citizenship of any other
member of the LLC Defendants, see id. ¶¶ 9–10.
IT IS HEREBY ORDERED that by no later than Monday, November 28, 2022, Plaintiff
must file an amended complaint that cures the deficiencies described herein or the complaint will
be dismissed without prejudice for lack of subject matter jurisdiction.

SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: November 21, 2022
New York, New York

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